FRÜBBEL.COM PRIVACY POLICY
FRÜBBEL.COM PRIVACY POLICY
PRIVACY POLICY
FRÜBBEL.COM created this Privacy Policy in order to demonstrate our firm commitment to disclose our current policies regarding your privacy and the confidentiality of your personal information. In addition, we take further measures to enhance the protection of your privacy and personally identifiable information, as outlined in this Privacy Policy.
APPLICABILITY OF THIS PRIVACY POLICY
This Privacy Policy is intended to apply to you, FRÜBBEL.COM, FRÜBBEL.COM’s affiliates and all Internet websites owned and operated by FRÜBBEL.COM and FRÜBBEL.COM’s affiliates, including, but not limited to, www.Frübbel.com.
By accessing and using www.Frübbel.com, you agree to comply with all of the terms and conditions of this Privacy Policy, including any changes or revisions to this Privacy Policy, which FRÜBBEL.COM, in its sole discretion, may make in the future.
YOU AGREE TO READ THIS PRIVACY POLICY CAREFULLY BEFORE USING www.Frübbel.com. If you do not agree to this Privacy Policy, you may not access or otherwise use www.Frübbel.com.
This Privacy Policy is a statement of FRÜBBEL.COM’s current policies with regard to how information about you is collected from www.Frübbel.com, used, and potentially shared by FRÜBBEL.COM.
FRÜBBEL.COM’s Collection of Information and Privacy of Your Information.
Some of the ways FRÜBBEL.COM accumulates and uses your personal information include, but are not limited to the following: FRÜBBEL.COM uses the information it collects about you to process orders and to provide better service. When you make a reservation using FRÜBBEL.COM’s services, FRÜBBEL.COM may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows FRÜBBEL.COM to process and fulfill your order and to notify you of your order status. When you subscribe to FRÜBBEL.COM’s e-newsletter, FRÜBBEL.COM may ask for your name, address, phone number and email address so that it can properly route the information. When you enter a contest or other promotional feature, FRÜBBEL.COM may ask for your name, address, phone number and email address so it can administer the contest and notify winners. FRÜBBEL.COM personalizes your experience online by using your contact with FRÜBBEL.COM’s websites to shape FRÜBBEL.COM’s recommendations about FRÜBBEL.COM content that might be of interest to you. FRÜBBEL.COM also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. FRÜBBEL.COM may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, FRÜBBEL.COM may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT- We use an email delivery and marketing company to send the emails that you have agreed to receive. If you would rather not receive information from FRÜBBEL.COM such as (i) updates highlighting specials, promotions, contests, sweepstakes and other travel opportunities available on our site and/or sponsored by our travel service providers and advertisers; and/or (ii) our newsletter highlighting specials, promotions, contests, sweepstakes and other travel opportunities available on our site and/or sponsored by our travel service providers or do not want FRÜBBEL.COM to disclose your information to unrelated third parties, please send FRÜBBEL.COM an email notification at
service@Frübbel.com or in writing to FRÜBBEL.COM. Please specify in your email to opt out of third party offers, opt out of FRÜBBEL.COM offers, or opt out of both FRÜBBEL.COM and third party offers. You agree to allow FRÜBBEL.COM up to thirty (30) days for the change to take effect in FRÜBBEL.COM’s system. The change will not have been deemed to take effect until you receive a written confirmation of the change from FRÜBBEL.COM.
CALL MONITORING/RECORDING
You understand that FRÜBBEL.COM and/or its partners may monitor, tape and or record any conversation that may occur between us. However, FRÜBBEL.COM is not obligated to do so and it may choose not to do so.
PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU
Much of www.Frübbel.com is accessible to you without providing personally identifiable information. However, FRÜBBEL.COM may request you to register and provide personally identifiable information to enable you to become a member and utilize certain features of www.Frübbel.com, such as making reservations, subscribing to our e-newsletter, and entering contests and other promotional features. www.Frübbel.com will specifically ask you for the personally identifiable information, and your provision of such information will always be on a voluntary basis.
FRÜBBEL.COM’S USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
When you make a reservation using our services, we may need to know your name, e-mail address, mailing address, phone number, credit card number, and expiration date. This allows us to process and fulfill your order and to notify you of your order status. When you subscribe to our weekly e-newsletter, we may ask for your name, address, phone number and email address so that we can properly route the information. Also, when you enter a contest or other promotional feature, we may ask for your name, address, phone number and e-mail address so we can administer the contest or other promotional feature and notify winners.
In addition, we personalize your experience online by using your contact with our site to shape our content. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site. We may provide aggregate statistics about our customers, sales, traffic patterns, and related information to reputable third party vendors.
We may use the information we collect, online and offline, to notify you about important changes to our services, new services, and special offers we think you will find valuable. Currently, FRÜBBEL.COM shares your personally identifiable information with third parties. At times we may choose to sell, loan, trade, or rent your personally identifiable information to others.
In addition, FRÜBBEL.COM reserves the right to share or disclose your personally identifiable information when it determines, in its sole discretion, that the disclosure of such personally identifiable information is necessary to identify, contact, or bring legal action against you if you may be:
You may be issued a username or personal identification number (“PIN”) by FRÜBBEL.COM to utilize certain features of www.Frübbel.com. In order to receive a username, password and/or PIN from FRÜBBEL.COM for use on www.Frübbel.com, you will be required to submit personally identifiable information. You are responsible for keeping your usernames. passwords and/or PINs, if any, confidential. You are responsible for any access, use or activities on www.Frübbel.com under your username or PIN.
SECURITY OF YOUR SUBMISSIONS AND TRANSMISSIONS
FRÜBBEL.COM utilizes its best efforts to protect the security of any information submitted or transmitted by you to www.Frübbel.com, including, but not limited to, personally identifiable information. FRÜBBEL.COM has security measures in place to protect the loss, misuse and alteration of the information under our control. When you submit your order through FRÜBBEL.COM, we offer the use of a secure server. The secure socket layer technology (SSL) encrypts all information you input before it is sent to us. Please note that, regardless of the precautions we take, “faultless security” does not exist on the Internet. As a result, while we strive to protect your personal information, FRÜBBEL.COM cannot guarantee the security of any information you submit or transmit to www.Frübbel.com, and you do so at your own risk. In the unlikely event that an unauthorized third party compromises FRÜBBEL.COM’s security system, FRÜBBEL.COM is not responsible for any occurrences or damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your submissions or transmissions to www.Frübbel.com, or your personally identifiable information.
FRÜBBEL.COM’S USE OF COOKIES
FRÜBBEL.COM utilizes “cookies” to track and store preferential information about you as you use www.Frübbel.com. “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored on your hard drive by your web browser. Cookies track your personal preferences and activities, but in no way contain any personally identifiable information. This, however, is subject to change.
Our use of cookies allows FRÜBBEL.COM to aggregate certain information about its users. The aggregated information helps FRÜBBEL.COM to serve you better by compiling user preferences to improve the features of www.Frübbel.com. For example, cookies enable us to provide features such as automated customer login to our site. FRÜBBEL.COM may also share, loan, rent or sell this aggregated information to third parties, but keep in mind that the aggregated information contains absolutely no personally identifiable information.
If you do not want www.Frübbel.com cookies to be inserted into your hard drive, you can disable your hard drive’s ability to accept and receive cookies through your web browser. Even without a cookie, you can still use many of the www.Frübbel.com features. However, keep in mind that if you disable your hard drive’s ability to accept and receive cookies, you may not be able to fully utilize all of the convenient features of www.Frübbel.com. For instance, you may have to log in more than once per session.
LINKS TO OTHER INTERNET WEBSITES ON WWW.FRÜBBEL.COM
www.Frübbel.com may contain links to other Internet websites. This Privacy Policy applies solely to www.Frübbel.com, and all Internet websites owned and operated by FRÜBBEL.COM and its affiliates. FRÜBBEL.COM makes no representations or warranties about, nor is it responsible for, the privacy practices of other Internet websites. When you enter a linked Internet website, FRÜBBEL.COM encourages you to read the privacy policy of that linked website, as its privacy policy may differ substantially from that of this Privacy Policy. This Privacy Policy will not apply to linked Internet websites.
ACCESS AND USE BY MINORS
www.Frübbel.com is not intended to be accessed or utilized by persons under the age of 18. FRÜBBEL.COM does not intend or purposefully attempt to gather information from children under the age of 18. In addition, FRÜBBEL.COM does not intend to or purposefully market to persons under the age of 18. Persons under the age of 18 are not eligible to enroll in our clubs or purchase any other products or services from FRÜBBEL.COM, and persons under the age of 18 should not submit any personal information to us.
CHANGES TO THIS PRIVACY POLICY
FRÜBBEL.COM developed this Privacy Policy as a manifestation of our firm commitment to disclose our current privacy and confidentiality policies to you. However, the Internet and travel industries are rapidly evolving. With this in mind, FRÜBBEL.COM reserves the right to amend this Privacy Policy from time to time in order to review any changes that have been made. Your continued access and use of www.Frübbel.com following the posting of any such changes shall indicate your acceptance of the same.
ARBITRATION AND GOVERNING LAW
In the event of a dispute between You and FRÜBBEL.COM, You and FRÜBBEL.COM agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties’ mutual interests. Except as expressly provided in the following section titled “Injunctive Relief”, all disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there.
MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
During the pending of such arbitration and until final judgment thereon has been entered, this Agreement will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable.
This Agreement and all transactions between you and FRÜBBEL.COM shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
INJUNCTIVE RELIEF
You acknowledge that a violation, attempted violation, or threatened violation of any of this Privacy Policy will cause such damage to FRÜBBEL.COM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that FRÜBBEL.COM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Privacy Policy by you, as well as recover from you any and all costs and expenses sustained or incurred by FRÜBBEL.COM in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such violation, attempted violation, or threatened violation shall be brought in the courts of record of Orange County, Florida, or the United States District Court, Middle District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
MISCELLANEOUS PROVISIONS
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.
The headings contained in this Privacy Policy are for convenience of reference only, are not to be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Privacy Policy.
All covenants, agreements, representations and warranties made in this Privacy Policy, as may be amended by FRÜBBEL.COM from time to time, shall survive your acceptance of this Privacy Policy and the termination of this Privacy Policy. This Privacy Policy cannot be orally modified or amended.
This Privacy Policy represents the entire understanding and agreement between you and FRÜBBEL.COM regarding the subject matter of this Privacy Policy, and supersedes all other previous agreements, understandings and/or representations regarding the same.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge information regarding the manner in which FRÜBBEL.COM shares certain categories of your personal information with third parties for direct marketing purposes. California law provides that you have the right to submit a request to Frübbel and receive the following information:
YOUR QUESTIONS, COMMENTS & COMPLAINTS
FRÜBBEL.COM encourages you to provide FRÜBBEL.COM with feedback regarding this Privacy Policy. If you have questions, comments or concerns regarding this Privacy Policy, please email contact@Frübbel.com. If you feel that FRÜBBEL.COM is not abiding by this Privacy Policy at any time, please immediately email contact@Frübbel.com.
Effective date: 9/24/19
FRÜBBEL.COM created this Privacy Policy in order to demonstrate our firm commitment to disclose our current policies regarding your privacy and the confidentiality of your personal information. In addition, we take further measures to enhance the protection of your privacy and personally identifiable information, as outlined in this Privacy Policy.
APPLICABILITY OF THIS PRIVACY POLICY
This Privacy Policy is intended to apply to you, FRÜBBEL.COM, FRÜBBEL.COM’s affiliates and all Internet websites owned and operated by FRÜBBEL.COM and FRÜBBEL.COM’s affiliates, including, but not limited to, www.Frübbel.com.
By accessing and using www.Frübbel.com, you agree to comply with all of the terms and conditions of this Privacy Policy, including any changes or revisions to this Privacy Policy, which FRÜBBEL.COM, in its sole discretion, may make in the future.
YOU AGREE TO READ THIS PRIVACY POLICY CAREFULLY BEFORE USING www.Frübbel.com. If you do not agree to this Privacy Policy, you may not access or otherwise use www.Frübbel.com.
This Privacy Policy is a statement of FRÜBBEL.COM’s current policies with regard to how information about you is collected from www.Frübbel.com, used, and potentially shared by FRÜBBEL.COM.
FRÜBBEL.COM’s Collection of Information and Privacy of Your Information.
Some of the ways FRÜBBEL.COM accumulates and uses your personal information include, but are not limited to the following: FRÜBBEL.COM uses the information it collects about you to process orders and to provide better service. When you make a reservation using FRÜBBEL.COM’s services, FRÜBBEL.COM may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows FRÜBBEL.COM to process and fulfill your order and to notify you of your order status. When you subscribe to FRÜBBEL.COM’s e-newsletter, FRÜBBEL.COM may ask for your name, address, phone number and email address so that it can properly route the information. When you enter a contest or other promotional feature, FRÜBBEL.COM may ask for your name, address, phone number and email address so it can administer the contest and notify winners. FRÜBBEL.COM personalizes your experience online by using your contact with FRÜBBEL.COM’s websites to shape FRÜBBEL.COM’s recommendations about FRÜBBEL.COM content that might be of interest to you. FRÜBBEL.COM also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. FRÜBBEL.COM may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, FRÜBBEL.COM may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT- We use an email delivery and marketing company to send the emails that you have agreed to receive. If you would rather not receive information from FRÜBBEL.COM such as (i) updates highlighting specials, promotions, contests, sweepstakes and other travel opportunities available on our site and/or sponsored by our travel service providers and advertisers; and/or (ii) our newsletter highlighting specials, promotions, contests, sweepstakes and other travel opportunities available on our site and/or sponsored by our travel service providers or do not want FRÜBBEL.COM to disclose your information to unrelated third parties, please send FRÜBBEL.COM an email notification at
service@Frübbel.com or in writing to FRÜBBEL.COM. Please specify in your email to opt out of third party offers, opt out of FRÜBBEL.COM offers, or opt out of both FRÜBBEL.COM and third party offers. You agree to allow FRÜBBEL.COM up to thirty (30) days for the change to take effect in FRÜBBEL.COM’s system. The change will not have been deemed to take effect until you receive a written confirmation of the change from FRÜBBEL.COM.
CALL MONITORING/RECORDING
You understand that FRÜBBEL.COM and/or its partners may monitor, tape and or record any conversation that may occur between us. However, FRÜBBEL.COM is not obligated to do so and it may choose not to do so.
PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU
Much of www.Frübbel.com is accessible to you without providing personally identifiable information. However, FRÜBBEL.COM may request you to register and provide personally identifiable information to enable you to become a member and utilize certain features of www.Frübbel.com, such as making reservations, subscribing to our e-newsletter, and entering contests and other promotional features. www.Frübbel.com will specifically ask you for the personally identifiable information, and your provision of such information will always be on a voluntary basis.
FRÜBBEL.COM’S USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
When you make a reservation using our services, we may need to know your name, e-mail address, mailing address, phone number, credit card number, and expiration date. This allows us to process and fulfill your order and to notify you of your order status. When you subscribe to our weekly e-newsletter, we may ask for your name, address, phone number and email address so that we can properly route the information. Also, when you enter a contest or other promotional feature, we may ask for your name, address, phone number and e-mail address so we can administer the contest or other promotional feature and notify winners.
In addition, we personalize your experience online by using your contact with our site to shape our content. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site. We may provide aggregate statistics about our customers, sales, traffic patterns, and related information to reputable third party vendors.
We may use the information we collect, online and offline, to notify you about important changes to our services, new services, and special offers we think you will find valuable. Currently, FRÜBBEL.COM shares your personally identifiable information with third parties. At times we may choose to sell, loan, trade, or rent your personally identifiable information to others.
In addition, FRÜBBEL.COM reserves the right to share or disclose your personally identifiable information when it determines, in its sole discretion, that the disclosure of such personally identifiable information is necessary to identify, contact, or bring legal action against you if you may be:
- causing intentional or unintentional injury to another;
- interfering with another’s rights or property, including FRÜBBEL.COM’s rights or property;
- violating any applicable law, rule or regulation; or
- such disclosure is required by any applicable law, rule or regulation.
You may be issued a username or personal identification number (“PIN”) by FRÜBBEL.COM to utilize certain features of www.Frübbel.com. In order to receive a username, password and/or PIN from FRÜBBEL.COM for use on www.Frübbel.com, you will be required to submit personally identifiable information. You are responsible for keeping your usernames. passwords and/or PINs, if any, confidential. You are responsible for any access, use or activities on www.Frübbel.com under your username or PIN.
SECURITY OF YOUR SUBMISSIONS AND TRANSMISSIONS
FRÜBBEL.COM utilizes its best efforts to protect the security of any information submitted or transmitted by you to www.Frübbel.com, including, but not limited to, personally identifiable information. FRÜBBEL.COM has security measures in place to protect the loss, misuse and alteration of the information under our control. When you submit your order through FRÜBBEL.COM, we offer the use of a secure server. The secure socket layer technology (SSL) encrypts all information you input before it is sent to us. Please note that, regardless of the precautions we take, “faultless security” does not exist on the Internet. As a result, while we strive to protect your personal information, FRÜBBEL.COM cannot guarantee the security of any information you submit or transmit to www.Frübbel.com, and you do so at your own risk. In the unlikely event that an unauthorized third party compromises FRÜBBEL.COM’s security system, FRÜBBEL.COM is not responsible for any occurrences or damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your submissions or transmissions to www.Frübbel.com, or your personally identifiable information.
FRÜBBEL.COM’S USE OF COOKIES
FRÜBBEL.COM utilizes “cookies” to track and store preferential information about you as you use www.Frübbel.com. “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored on your hard drive by your web browser. Cookies track your personal preferences and activities, but in no way contain any personally identifiable information. This, however, is subject to change.
Our use of cookies allows FRÜBBEL.COM to aggregate certain information about its users. The aggregated information helps FRÜBBEL.COM to serve you better by compiling user preferences to improve the features of www.Frübbel.com. For example, cookies enable us to provide features such as automated customer login to our site. FRÜBBEL.COM may also share, loan, rent or sell this aggregated information to third parties, but keep in mind that the aggregated information contains absolutely no personally identifiable information.
If you do not want www.Frübbel.com cookies to be inserted into your hard drive, you can disable your hard drive’s ability to accept and receive cookies through your web browser. Even without a cookie, you can still use many of the www.Frübbel.com features. However, keep in mind that if you disable your hard drive’s ability to accept and receive cookies, you may not be able to fully utilize all of the convenient features of www.Frübbel.com. For instance, you may have to log in more than once per session.
LINKS TO OTHER INTERNET WEBSITES ON WWW.FRÜBBEL.COM
www.Frübbel.com may contain links to other Internet websites. This Privacy Policy applies solely to www.Frübbel.com, and all Internet websites owned and operated by FRÜBBEL.COM and its affiliates. FRÜBBEL.COM makes no representations or warranties about, nor is it responsible for, the privacy practices of other Internet websites. When you enter a linked Internet website, FRÜBBEL.COM encourages you to read the privacy policy of that linked website, as its privacy policy may differ substantially from that of this Privacy Policy. This Privacy Policy will not apply to linked Internet websites.
ACCESS AND USE BY MINORS
www.Frübbel.com is not intended to be accessed or utilized by persons under the age of 18. FRÜBBEL.COM does not intend or purposefully attempt to gather information from children under the age of 18. In addition, FRÜBBEL.COM does not intend to or purposefully market to persons under the age of 18. Persons under the age of 18 are not eligible to enroll in our clubs or purchase any other products or services from FRÜBBEL.COM, and persons under the age of 18 should not submit any personal information to us.
CHANGES TO THIS PRIVACY POLICY
FRÜBBEL.COM developed this Privacy Policy as a manifestation of our firm commitment to disclose our current privacy and confidentiality policies to you. However, the Internet and travel industries are rapidly evolving. With this in mind, FRÜBBEL.COM reserves the right to amend this Privacy Policy from time to time in order to review any changes that have been made. Your continued access and use of www.Frübbel.com following the posting of any such changes shall indicate your acceptance of the same.
ARBITRATION AND GOVERNING LAW
In the event of a dispute between You and FRÜBBEL.COM, You and FRÜBBEL.COM agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties’ mutual interests. Except as expressly provided in the following section titled “Injunctive Relief”, all disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there.
MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
- American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605 (phone: 800-778-7879) (http://www.adr.org)
- National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191 (phone: 800-474-2371) (http://www.arb-forum.com)
- JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 949-224-1810) (http://www.jamsadr.com)
The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
During the pending of such arbitration and until final judgment thereon has been entered, this Agreement will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable.
This Agreement and all transactions between you and FRÜBBEL.COM shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
INJUNCTIVE RELIEF
You acknowledge that a violation, attempted violation, or threatened violation of any of this Privacy Policy will cause such damage to FRÜBBEL.COM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that FRÜBBEL.COM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Privacy Policy by you, as well as recover from you any and all costs and expenses sustained or incurred by FRÜBBEL.COM in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such violation, attempted violation, or threatened violation shall be brought in the courts of record of Orange County, Florida, or the United States District Court, Middle District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
MISCELLANEOUS PROVISIONS
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.
The headings contained in this Privacy Policy are for convenience of reference only, are not to be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Privacy Policy.
All covenants, agreements, representations and warranties made in this Privacy Policy, as may be amended by FRÜBBEL.COM from time to time, shall survive your acceptance of this Privacy Policy and the termination of this Privacy Policy. This Privacy Policy cannot be orally modified or amended.
This Privacy Policy represents the entire understanding and agreement between you and FRÜBBEL.COM regarding the subject matter of this Privacy Policy, and supersedes all other previous agreements, understandings and/or representations regarding the same.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge information regarding the manner in which FRÜBBEL.COM shares certain categories of your personal information with third parties for direct marketing purposes. California law provides that you have the right to submit a request to Frübbel and receive the following information:
- The categories of information Frübbel disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year;
- The names and addresses of third parties that received such information; and
- If the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.
YOUR QUESTIONS, COMMENTS & COMPLAINTS
FRÜBBEL.COM encourages you to provide FRÜBBEL.COM with feedback regarding this Privacy Policy. If you have questions, comments or concerns regarding this Privacy Policy, please email contact@Frübbel.com. If you feel that FRÜBBEL.COM is not abiding by this Privacy Policy at any time, please immediately email contact@Frübbel.com.
Effective date: 9/24/19
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